Pillsbury

This is an appeal from a judgment confirming an award by appellee Pillsbury to the widow of John A. Anderson under the Longshoremen’s and Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., for the death of her husband, a stevedore employee of appellant Burns Steamship Company, killed on November 29, 1947, by the falling of a slingload of coal being loaded aboard the steamship Daisy Gray.

Appellants seek to set aside the award on the ground that Pillsbury erred in finding that the death arose from an accident “arising out of or in the course of employment,” as that language is used in 33 U.S.C. § 902 (2), 33 U.S.C.A. § 902 (2), providing, “The term ‘injury’ means accidental injury or death arising out of and in the course of employment * *

The evidence clearly supports Pillsbury’s following finding respecting employee Anderson’s death. “The said employee, while acting as hatchtender, was signalling the bringing on board by the ship’s winches of a sling load of coal for use in ship. The sling load swung against him, causing injuries from which he died the same day. He had been previously requested by the ship’s mate, a superior officer, to let such sling load of coal…